Debt Management Companies

[DoubleU]

Hi all, I wonder if this is an interesting point of contention:

I used a debt management company for about 30 months, who charged me £ 100.= per month for their services. (keeping DCA's from calling me, or stop them from writing to me and harrassing me etc etc. and the usual stuff.) They told me "You will not have to deal with anymore phonecalls or official documents once we are handling your account. (that was not true for a start!)

Anyway, because of the pressure, we thought that at the time this was a good idea. After about 30 month, we decided that it was time to take matters in our own hands, and that it would be a much better idea to take the monthly £100,= and use that to add to our repayments. Then we found this wonderful site and have since started to send out requests for CCA's, which we are now processing. Lots to be told on that.

 

What I now would like to know is the following: Aren't the debt management companies, when they start to act and manage your debts on your behalf, responsible for verifying whether debts that they manage on your behalf, and for which service you pay them a fee, are indeed legally enforceable before they phone the creditors and agree some sort of half hearted repayment schedule under the expected 'due diligence' exercise they are required to make, so that they can deal with or 'manage' your debts in a professional and responsible manner?

 

I would dearly like to take the crooks I dealt with to court and claim my monthly fee back on the basis that they were negligent and failed to apply 'due diligence' to see whether the debts in question were enforceable or not and thus deliver the contracted services!! ( approx 30 X £100.=)

 

Is there anybody on the forum who knows anything about this sort of stuff??

 

I am curious, not only that, but the £3000 in accumulated wasted fees would come in very handy to pay off some of the debts!!!!

 

Anybody can give me advice on this please?

 

Thanks

DoubleU

[karmaceutical1]

I have had a simliar problem and would like to know if anything can be done with claiming back money from these companys. I have been charged £200 upfront fee, which I am most sure wasnt the amount that was told to me at the begining . I am on benifits and I phoned the debt management company today and they advised me that I would be best off cancelling and [aying the people directly. They havent provided information requested by one company that I now know of who are now threatning further action and demanding money off me.

I was paying £20 a week from begining of october and they have only just started making small payments to the companys inthe last three weeks only being 10% of the total amount owed.

one of the companies also that I owed money to that they have paid is southbank captial who i have found out tonight shouldnt really be taking money as they are not licenced, so refering to the above case is this something we can use against the DMC?

Any advice appriciated!

[DoubleU]

Hi Karmaceutical,

Yup, it looks to me like you have similar reasons, and I believe there are many more of us, who have wasted tens of thousands of pounds on these companies, which are basically 'bloodsuckers' Their business is to earn money over the back of those that are in financial trouble. I am not for a minute suggesting that they don't do anything at all; unfortunately the only thing they do do, is negotiate a low (????) rate of repayment on behalf of the debtor. They don't challenge, they don't ask, they certainly don't manage. A quick setup on transfer of minor sums on a monthly basis, which in my case probably took no more than 15 mins complete, which I could have done myself. When you miss a month, the act like DCA's, and as soon as you decide to stop the agreement, they stop talking to you and refuse any further communications. I wonder if there is a similar way to legally force them to return all documents to you. An amended Request for CCA or a SAR perhaps? Anybody who knows? Anybody who can help?

regards

DoubleU

[Surfer01]

It is better to use the free Debt Management companies like CCCs and Payplan. Initially I did have an issue but when the dust settled down so did the hassles.

[DoubleU]

Hi Surfer01,

Yes I agree, and sorry, but I have to add, I know this now. At the time I had never heard of CCC, let alone Payplan. So went with one that sounded good! Their name sounds like they are solicitors! In the process they took my (original) papers, never returned them and p[aid my fees to keep the creditors and DCA's poff my back. The calls and letters never ceised as they faithfully promised, and which I accepted in good faith. Now I have taken it all back, I have CCA'd all of them, and find some don't have properly executed C agreements. My argument is that they failed in their duties of Care to check whether my Credit agreements were enforceable and therefore compelled me in a) making payments that I should not have paid. and b) they did not apply due diligence on my state of affairs. I don't even know whether they actually did do CCA requests and when unenforceable, they just kept charging me? So, if you go back to my original post, do we have a case for asking the fees back??

[Surfer01]

I suppose a lot depends on the type of agreement that you signed with them. In order to help you we probably would need to see the agreement along with the T & Cs but with all your detaisl removed. Unfortunatley what they tell you verbally and what is in the contract are two different things. What were they supposed to do for their monthly fee of £100?

[DoubleU]

Hi Surfer01,

Thanks for your reaction.

I agree, that is a good starting point. I need to delve into the 'archives' and see if we still have it. If not, I will have to construe something that compels them to send me a 'eligible true copy' of the original agreement. I don't think this can be achieved with a variation of the CCA Request, because it would fall under a different law or section. I will have to write to them, I suppose by recorded delivery and see what happens. I'll get back on this, I need to speak to 'her who is in charge'. I don't know where the papers are 'hidden'. I suspect that, like DCA's, they will know immediately what is going on as soon as they receive my letter.

[Surfer01]

You could send a "Subject Access Request" and then they are obliged to supply all the info including true copies of any agreements and also produce statements showing how the money was paid out.

[DoubleU]

Hi,

 

Yes, thjat's a good idea. I was trying to avoid having to spend the tenner, but if I want to pursue this, I suppose that is the best solution.

Thanks Surfer01. I'll do that this week-end.

Bye

DoubleU